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HomeMy WebLinkAboutLEMAY AVENUE ESTATES - MODIFICATION OF STANDARD - 37-04A - REPORTS - MODIFICATION REQUEST• This proposed alternative plan continues to improve the design, quality and character of new development by adhering to the building standards in section 3.5; • This proposed alternative plan continues to foster a more rational pattern of relationship among residential, business and industrial uses for the mutual benefit of all by adhering to the permitted uses in the zone district; • This proposed alternative plan continues to encourage the development of vacant properties within established areas; • This proposed alternative plan continues to ensure that development proposals are sensitive to the character of existing neighborhoods by developing like uses next to like uses; • This proposed alternative plan continues to ensure that development proposals are sensitive to natural areas and features by providing the natural features buffer along Stanton Creek. We look forwardfor the opportunity to explain our request in person and/or answer any questions you may have about the request. Sincerely, Troy W. Jones A.I.CY M. Torgerson Architects c) The granting of the modification will not affect the plan's ability to improve and protect the public health, safety and welfare (as contained in Section 1.2.2) because: • This proposed alternative plan continues to be consistent with the Land Use Code, City Plan and its adopted components, including but not limited to the Structure Plan, Principles and Policies and associated sub -area plans; • This proposed alternative plan continues to encourage innovations in land development by allowing a creative way to obtain the requested natural feature buffer; • This proposed alternative plan continues to foster the safe, efficient and economic use of the land, the city's transportation infrastructure, and other public facilities and services by allowing the existence of the natural feature buffer to happen without affecting the number of lots allowed in the development; • This proposed alternative plan continues to facilitate and ensure the provision of adequate public facilities and services such as transportation (streets, bicycle routes, sidewalks and mass transit), water, wastewater, storm drainage, fire and emergency services, police, electricity, open space, recreation, and public parks; . • This proposed alternative plan continues to avoid the inappropriate development of lands and provides for adequate drainage and reduction of flood damage; • This proposed alternative plan continues to encourage patterns of land use which decrease trip length of automobile travel and encourage trip consolidation by transitioning an in-between density between the Stanton Creek neighborhood to the north (more dense) of the site, and the Greenstone neighborhood to the east (less dense); • This proposed alternative plan continues to increase public access to sidewalks, trails, bicycle routes and other alternative modes of transportation by stubbing a trail connection to eventually connect to the City's regional trail system; • This proposed alternative plan continues to minimize the adverse environmental impacts of development through the provision of the natural features buffer along Stanton Creek; Lot 15 17,671 s.f. Lot 16 17,792 s.f. Lot 17 20,541 s.f. Lot 18 20,724 s.f. Lot 20 19,690 s.f. Our Logic. The difference between the proposed alternative plan and a plan that meets the code is very subtle. Upon development of the affected lots, in either scenario, the area within the natural features buffer will be fenced off from the yard areas of the lots. The only difference is whether this natural features buffer is all one tract, or if portions of it are made up of easements across the back of several lots. We feel that the difference is inconsequential. As described in the purpose statement in 4.1 of the LUC, the Urban Estate zone district "is intended to be a setting for a predominance of low -density and large - lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands." This proposed alternative plan does not detract in any way from satisfying this purpose. The development allows a transition from the Stanton Creek neighborhood to the north and the Greenstone neighborhood to the east. Greenstone is also zoned Urban Estate. Between Greenstone PUD First through Third Filings there are 15 lots (out of a total of 106) that are under a half acre, ranging in size from 16,399 square feet to 21,745 square feet. Clearly the proposed modification to reduce the minimum lot size on 8 of our lots does not affect the plan's ability to continue to satisfy the purpose and intent of the Land Use Code. Suggested Findings. a) The granting of the modification would not be detrimental to the public good because there's no physical difference on how the lots would be fenced (or how the lots would visually appear) between the proposed alternative plan and a plan that meets the code. The only difference is on paper. b) The plan as submitted will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered from the perspective of the entire development plan, because, again, there's no physical difference on how the lots would be fenced (or how the lots would visually appear) between the proposed alternative plan and a plan that meets the code. The only difference is on paper. Administrative Hearing Officer c/o City of Fort Collins Current Planning Department 281 North College Ave. Fort Collins, CO 80524 February 15, 2005 Dear Administrative Hearing Officer: Please accept this request for a Modification of Standards to Section 4.1(D)(1)(b) of the Land Use Code. Background The Lemay Avenue Estates PDP is a proposed single family housing development in the Urban Estate zone district. The development abuts Stanton Creek, which is a tributary of Fossil Creek, and therefore requires a 100 foot natural features buffer along the creek. The core issue of this modification revolves around whether it would be more desirable to have this natural features buffer in a tract outside lots, or whether it would be more desirable to designate a small portion of the lots (that abut the creek) as a natural features buffer easement. It is our understanding, after talking to Doug Moore of Natural Resources and Steve Olt of Current Planning, that either scenario works from the City's perspective. The preference of the development team is to keep the same number of lots while allowing the buffer to be located in a separate open space tract, rather than having natural buffer easements on each lot. The development team therefore requests a modification of standards to allow those lots abutting the creek to be smaller than the required minimum %z acre lot sizes. This modifications is requested in accordance with the review procedures set forth in Section 2.8.1(H) of the Land Use Code as follows: Modification to Section 4.1(13)(1)(b) Code Language. Section 4.1(D)(1)(b) of the Land Use Code states the following: "(b) Lot sizes shall be one-half (%) acre or larger for dwellings that are not clustered in accordance with the standards set forth in this Division." Requested Modification. We request the following minimum lot sizes to be reduced from a minimum %2 acre (21,780 square feet) to the following sizes: Lot Number Proposed Square Footage Lot 12 18,823 s.f. Lot 13 18,357 s.f. Lot 14 19,183 s.f.